(A)   Off-street parking and loading facilities shall be provided by the owner or owners, or lessee acting with the written consent of the owner, for all buildings and structures existing or erected, and all uses existing or established after the effective date of this chapter, as required by the regulations contained herein. However, where a building permit has been issued prior to the effective date of this chapter or any amendment hereto and provided that construction is begun within six months after such effective date and diligently prosecuted to completion, parking and loading facilities required at the time of the issuance of such building permit may be provided in lieu of those required by this chapter, except that such building shall thereafter be subject to the provisions of § 159.131(H).

   (B)   Whenever the intensity of use of any existing building, structure or premises is increased through a structural addition, the conversion of one or more dwelling units to office space, an increase in usable floor area, an increase in seating capacity or other units or measurements specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided by the owner or owners or lessee acting for the owner for the portion of the building affected by any such new addition, conversion, increase in floor area or intensity of use.

   (C)   Whenever the existing use of a building, structure or premises shall hereafter be changed to a new use of a different parking or loading class, parking or loading facilities shall be provided by the owner or owners or lessee acting for the owner as required for such new use.

(Prior Code, § 46-54) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 02-16, passed 4-18-2002)

   (A)   Utilization. Required off-street parking spaces shall be solely for the parking of vehicles used for the transportation of occupants, patrons or employees. Each required space shall be kept available at all times for parking of such vehicles. No required parking space shall be rented, leased or used for any purpose other than that for which such space is required. No sales or repair work, except of an emergency nature, shall be permitted in required parking spaces.

   (B)   Customer and employee parking areas. Off-street facilities provided in accordance with the provisions of this chapter may be located in customer and employee parking areas as defined in § 159.002; however, in no case shall more than 50% of such required off-street parking be located in an employee parking area.

   (C)   Collective provisions. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the spaces required for each use served. If a collective parking facility serves uses which do not generate automobile parking at the same times, upon request by the owners of such use, the City Council may authorize a reduction in the total number of parking spaces to the minimum required by those uses which generate automobile parking a the same time.

   (D)   Control of off-site parking facilities. In cases where parking facilities are permitted on a lot other than the zoning lot on which the building or use served is located, the party in possession of such lot shall be the same as the party in possession of the zoning lot occupied by the building or use to which the off-site parking facilities are accessory. Possession of the off-site parking facilities may be either by deed or lease, the term of such deed or lease to be approved by the City Council and such deed or lease shall be filed in the office of the Recorder of Deeds of the county. The deed or lease shall require such possessor and his, her or its successors, heirs and assigns to maintain the required number of parking facilities on the off-site lot for the duration of the use served or of the deed or lease, whichever shall terminate sooner.

   (E)   Existing parking facilities. Accessory off-street parking facilities in existence on the effective date of this chapter (January 15, 1972) or any amendment hereto and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below, the requirements of this chapter for such building or use; provided, however, such off-street parking facilities may be relocated or otherwise provided in accordance with the provisions of this chapter. Such existing off-street facilities that do not conform to all the requirements of § 159.132 may, however, be included as required off-street parking, provided that the items of nonconformance do not prevent or unduly hamper the required usage, have not been detrimental to the public health, safety and welfare and have not caused undue traffic congestion on the public street.

   (F)   Permissive parking and loading facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, construction and operation of such facilities shall apply.

   (G)   Damage or destruction. For any conforming or nonconforming building or use which is in existence on the effective date of this chapter or any amendment hereto, which subsequently thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired within two years of damage or destruction, off-street parking or loading facilities equivalent to those maintained at the time of such damage or destruction shall be restored or continued in operation. Any conforming or nonconforming building or use reconstructed, reestablished or repaired after two years of such damage or destruction shall provide off-street parking and loading facilities in accordance with the requirements of this chapter. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new uses or construction.

   (H)   Submission of plan. Any application for a building permit, or for any occupancy certificate where no building permit is required, shall include therewith a plan, drawn to scale and full dimensions, showing any off-street parking or loading facilities to be provided in compliance with this chapter.

   (I)   Computation. When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of less than one-half may be disregarded, while a fraction of one-half or more shall be counted as one parking space.

   (J)   Payment in lieu of providing off-street parking.

      (1)   (a)   When, in the O-1 Office and B-2 Commercial Business Districts, additional off-street parking is required to be provided, either because of the erection of a new building or addition or an increase of usable floor area for retail and/or office previously used for storage, utility or similar use or change in use necessitating the provision of additional parking, off-street parking required herein may be provided by way of a payment of a fee only if authorized by a special use permit.

         (b)   A payment in lieu of parking shall be considered recognizing that the city has limited opportunities to provide additional spaces in the B-2 and O-1 Districts. In addition to the standards required to be met in § 159.045(E), such special use permit may be granted to allow for payment in lieu of parking only upon a showing that the proposed use is needed and desired as a component of the district, beneficial to the overall community and appropriate at the proposed location. In addition, it shall be demonstrated by the parties seeking the special use permit that providing parking on-site, in conformance with required ratios, will have a negative impact on the character of the immediate area and the district as a whole.

         (c)   The Plan Commission recommendation on a request for a special use permit shall be forwarded to the City Council for action consistent with standard special use permit procedures. A fee for parking shall be established by the City Council based on the cost of constructing parking spaces and other related factors and the fees shall be updated periodically along with other fees and charges established by the City Council.

      (2)   All fees collected and all interest earned thereon under the provisions of this division (J) shall be placed in the Parking Facilities Fund established by the City Council and shall be used only for the acquisition of land, improvement or maintenance of municipally owned or leased off-street parking facilities for the benefit of those buildings, structures and uses in the O-1 and B-2 Districts and the general community.

(Prior Code, § 46-55) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 99-8, passed 2-1-1999; Ord. 00-24, passed 6-22-2000)

   (A)   (1)   All parking spaces required to serve buildings and structures erected or uses established after the effective date of this chapter or any amendment hereto shall be located on the same zoning lot as the building, structure or use served, except that parking spaces to serve business buildings or uses may be located in a business zoned area of the zoning lot on which the building structure or use served is located by special use permit.

      (2)   Buildings, structures or uses existing on the effective date of this chapter or any amendment hereto which are subsequently altered or enlarged so as to require the provision of parking spaces under this chapter may be so served by parking facilities located on land other than the zoning lot on which the building or use served is located, but such parking facilities shall be allowed only by special use permit. Owners of property, nonconforming as to parking, who elect to provide parking and become conforming, may locate such parking on land other than the zoning lot on which the building or use is located, as allowed in this subchapter.

      (3)   Off-street parking spaces, open to the sky, may be located in any yard, except the required front yards in a residence, general residence and office district. Enclosed buildings and carports containing off-street parking shall be subject to applicable yard requirements.

   (B)   Design and construction: all off-street parking spaces required by this chapter except those required for one-and two-family dwellings, shall be designed and constructed in accordance with the Standard Specifications for Design and Construction of Parking Lots of the city, on file in the office of the city Surveyor and Engineer.

      (1)   Screening and landscaping. All open off-street parking areas containing more than three parking spaces shall be screened by fencing, landscaping or a combination of both on all sides in a general residence, business or office district, pursuant to the provisions of the trees, preservation and landscape ordinance (as codified in Chapter 99) and the fencing provisions in § 159.010.

      (2)   Lighting and speaker systems. Any lighting used to illuminate off-street parking areas shall be directed away from residence or general residence district zoned property and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three foot-candles measured at the lot line. Loudspeaker systems are not permitted.

      (3)   Identification and marking. Required off-street areas for three or more automobiles shall have individual spaces marked, and shall be designed, maintained and regulated so that no parking or maneuvering incidental to parking shall be on any public street or walk.

(Prior Code, § 46-56) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 00-24, passed 6-22-2000)

   No cleaning or maintenance of parking lots utilizing motorized equipment may be performed between 11:30 p.m. and 6:00 a.m. each day, except snow plowing.

(Prior Code, § 46-57) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   No parking lot for accessory off-street parking shall have more than one attendant shelter building and such building shall conform to all setback requirements for structures in the district.

(Prior Code, § 46-58) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   Accessory signs shall be permitted on parking areas in accordance with the provisions of Chapter 153 of the city code.

(Prior Code, § 46-59) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   (A)   Off-street parking space shall be provided for the specific parking classes set forth in the off-street parking table. Parking spaces for accessory uses not specifically enumerated within a parking class shall be assumed to be included in the principal (permitted or special) use requirement.

   (B)   If, for any reason, the classification of any use, for the purpose of determining the number of off-street parking spaces is not readily determinable hereunder, the parking class of such use shall be fixed by the Administrative Officer.

   (C)   Where floor area is specified as the basis for determining the number of off-street parking spaces, e.g., “1/1,000 sq. ft. of floor area,” the floor area used shall be in accordance with the definition of floor area contained in § 159.002.

   (D)   When students or employees, or both, are specified as the basis for determining the number of off-street parking spaces, e.g., “1 per each employee plus 1 per 6 students,” the number of students or employees, or both, shall be determined on the basis of the design capacity of the facility during a regular operating day.

   (E)   If the design capacity of a facility is not readily determinable because of the absence of design standards for a particular use, the average number of students or employees, or both, occupying the facility during a regular operating day shall be used as the basis for determining the number of off-street parking spaces. If the design capacity of a facility is not readily determinable because of the absence of design standards for a particular use, the average daily number of students or employees, or both, occupying the premises during a regular operating day during the year preceding the adoption of this chapter shall be used as the basis for determining the number of off-street parking spaces.

 

(Prior Code, § 46-60) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 00-24, passed 6-22-2000)

   (A)   Location. All required loading berths shall be located on the same zoning lots as the use served. All motor vehicle loading berths which abut a residence or general residence district or an intervening alley separating a residence or general residence district from a business district shall be completely screened therefrom by building walls, or a uniformly painted solid fence, wall or door, or any combination thereof, not less than eight feet in height. No permitted or required loading berth shall be located within 30 feet of the nearest point of intersection of any two streets. No loading berth shall be located in required front or side yard and any loading berth located in a required rear yard shall be open to the sky.

   (B)   Design and construction. All off-street loading spaces required by this chapter shall be designed and constructed in accordance with the Standard Specifications of Design and Construction of Off-Street Loading Facilities of the city on file in the office of the City Surveyor and Engineer.

   (C)   Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities.

   (D)   Utilization. Space allocated to any off-street loading shall not be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

   (E)   Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled.

      (1)   Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.

      (2)   Total berths provided shall meeting the requirements based on the sum of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths.)

      (3)   No zoning lot served shall be more than 500 feet removed from the central loading area.

      (4)   The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven feet in width and have a clearance of not less than seven feet.

   (F)   Minimum facilities. Uses for which off-street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for such required facilities shall be provided with adequate receiving facilities, accessible by motor vehicle off any adjacent alley, service drive or open space on the same zoning drive.

(Prior Code, § 46-61) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   Off-street loading facilities accessory to uses allowed in the several residence and general residence districts shall be provided in accordance with the following minimum requirements.

   (A)   For the uses listed hereunder, one loading berth shall be provided for buildings containing 10,000 to 100,000 square feet of gross floor area, plus one additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof. Each such loading berth for buildings in excess of 20,000 square feet in gross floor area shall be not less than 12 feet in width by 55 feet in length: health and medical institutions.

   (B)   For the uses listed hereunder, one loading berth shall be provided for buildings containing 10,000 to 200,000 square feet of gross floor area, plus one additional loading berth for each additional 200,000 square feet of gross floor area or fraction thereof.

      (1)   Educational and cultural institutions;

      (2)   Philanthropic and charitable institutions; and

      (3)   Religious institutions.

   (C)   Planned developments. Loading berths shall be provided on the basis of the required berths for each individual use.

   (D)   Recreational and social clubs. For buildings containing 10,000 to 100,000 square feet of gross floor area, one loading berth shall be provided and for each additional 100,000 square feet of gross floor area up to 500,000 square feet, one additional loading berth shall be provided plus one additional loading berth for each additional 500,000 square feet of gross floor area or fraction thereof in excess of 500,000 square feet.

   (E)   For all other nonresidential uses, loading facilities shall be provided in accordance with the following requirements.

      (1)   For buildings containing less than 10,000 square feet of gross floor area, there shall be provided on the same zoning lot adequate receiving facilities, accessible by motor vehicle, off any adjacent alley, service drive or open space.

      (2)   For buildings containing 10,000 to 100,000 square feet of gross floor area, one off-street loading berth shall be provided.

      (3)   For buildings containing over 100,000 square feet of gross floor area, there shall be provided one loading berth for each 100,000 square feet or gross floor area or fraction thereof.

   (F)   Multiple-family dwellings and rooming houses. For buildings containing 20,000 to 200,000 square feet of gross floor area, one additional loading berth for each additional 200,000 square feet of gross floor area or fraction thereof.

(Prior Code, § 46-62) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   Off-street loading spaces accessory to uses allowed in the several business or office districts shall be provided in accordance with the following minimum requirements.

   (A)   Any use listed in a residence or general residence district that is also permitted in any of the several business or office districts shall provide loading spaces as established for that use in the preceding section for residence or general residence districts.

   (B)   Business or office establishments containing less than 7,000 square feet of floor area shall be provided with adequate facilities, accessible by motor vehicle off any adjacent alley, service drive or open space on the same zoning lot.

   (C)   For the uses listed hereunder, one loading berth shall be provided for buildings containing 7,000 to 40,000 square feet of floor area. For buildings containing 40,000 to 100,000 square feet of floor area two loading berths shall be provided, plus one additional loading berth for each additional 100,000 square feet of floor area or fraction thereof. Each such loading berth for buildings in excess of 10,000 square feet of floor area shall be not less than 12 feet in width by 55 feet in length:

      (1)   Mail order houses; and

      (2)   Warehousing, storage and wholesale establishments.

   (D)   For the uses listed hereunder, one loading berth shall be provided for buildings containing 10,000 to 100,000 square feet of floor area; for each additional 100,000 square feet of floor area up to 500,000 square feet, one additional loading berth for each additional 500,000 square feet of floor area or fraction thereof in excess of 500,000 square feet:

      (1)   Banks and financial institutions;

      (2)   Medical and dental clinics; and

      (3)   Offices, business and professional.

   (E)   For the uses listed hereunder, one loading berth shall be provided for buildings containing 10,000 to 150,000 square feet of floor area, plus one additional loading berth for each additional 150,000 square feet of floor area or fraction thereof. Each such loading berth for buildings in excess of 20,000 square feet of floor area shall be not less than 12 feet in width by 55 feet in length:

      (1)   Clubs and lodges (nonprofit), containing retail shops, convention halls, auditoriums, exhibition halls or business or professional offices (other than accessory);

      (2)   Radio and television broadcasting studios; and

      (3)   Hotels and motels, containing retail shops, convention halls, auditoriums, exhibition halls or business or professional offices.

   (F)   For the uses listed hereunder, one loading berth shall be provided for buildings containing 10,000 to 200,000 square feet of gross floor area, plus one additional loading berth for each additional 200,000 square feet of gross floor area or fraction thereof:

      (1)   Clubs and lodges (nonprofit), containing no retail shops, convention halls, auditoriums, exhibition hall or business or professional offices;

      (2)   Hotels and motels, containing no retail shops, convention halls, auditoriums, exhibition halls or business or professional offices;

      (3)   Meeting halls;

      (4)   Schools; music, dance, business, commercial and trade; and

      (5)   Theaters, indoor.

   (G)   Undertaking establishments, funeral homes and mortuaries. For buildings containing 7,000 to 100,000 square feet of gross floor area, one loading berth shall be provided, plus one additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof.

   (H)   (1)   For all other uses, loading facilities shall be provided in accordance with the following schedule:

 

 

      (2)   For each additional 200,000 square feet of gross floor area or fraction thereof over 100,000 square feet of gross floor area, one additional loading berth shall be provided; such additional berth to be at least 12 feet in width by 55 feet in length.

   (I)   For all OR-2 District uses. The provisions of this division (I) will apply to loading berths in the OR-2 Office Research District, notwithstanding any provision in this section or § 159.137 to the contrary. In the OR-2 District, buildings with more than 250,000 square feet of gross floor area shall have two required loading berths, buildings with 50,000 to 250,000 square feet of gross floor area shall have one required loading berth and no loading berths shall be required in buildings with fewer than 50,000 square feet of gross floor area. In addition, no loading berth shall be required to exceed 12 feet in width or 50 feet in length.

(Prior Code, § 46-63) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)